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  • Article

    Alberta Court Of Appeal Confirms Directors Can Be Personally Liable For Workplace Injuries

    The workers' compensation scheme is designed to provide no-fault compensation to injured workers.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta Court Of Queen's Bench Reigns In Director Liability For Injured Employees

    Employees who are injured on the job cannot sue their employers or co-workers for damages because of the Workers' Compensation scheme.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Alberta COVID-19 Recent Recommendations For Employers

    On October 26, 2020, in the update from Alberta's Chief Medical Officer of Health, Alberta employers were strongly urged to implement...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Alberta Human Rights Tribunal Adopts Findings Of Workers' Compensation Board

    In Kebede v. SGS Canada Inc., 2019 AHRC 3, the Alberta Human Rights Tribunal (the "Tribunal") recently dismissed a portion of a human rights complaint on the grounds that the issue was already decided by the Alberta WCB.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Alberta Safety Codes Act Introduces New Administrative Penalty Framework

    Starting on December 1, any person or entity subject to the Alberta's Safety Codes Act (Act), could face an administrative penalty for any breach of the Act, its numerous regulations, or its adopted codes or standards.
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Amending Employment Agreements: Don't Forget Consideration

    In the recent decision of Matijczack v. Homewood Health Inc., 2021 BCSC 1658 (Homewood Health), the BC Supreme Court confirmed that employers must provide consideration
    CanadaEmployment and HR
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Appeal Court Orders Rehearing On Coverage For Workplace Accident

    The Ontario Court of Appeal recently overturned an Order from the Ontario Superior Court of Justice finding that Intact Insurance Company had a duty to defend a defendant in an action arising ...
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    Appeal Judge Reduces $250,000 Fine To $80,000, And Sets Aside Jail Terms Against Company Directors In Workplace Fatality

    An Ontario judge has decided that a $250,000 fine against a small company, and 25-day jail terms for two company directors, were too severe.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Arbitrator Rejects "Lowest-Cost Generic" Policy For Generic Substitutes In Collective Bargaining Agreement

    Can an employer limit drug plan reimbursement to only the lowest-cost generic version of a prescribed medication if the collective bargaining agreement...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    "Arbitrators Have Recently Shown A Decreasing Tolerance For Threats Or Violence In The Workplace": Ontario Arbitrator

    An employee who was dismissed after threatening management in a suspension meeting was not entitled to reinstatement – even though the suspension being imposed in the meeting was unjust – an Ontario arbitrator has decided.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Are Employees Entitled To Sick Pay When Self-Isolating? Arbitration Award Provides Guidance

    In a recent Arbitration Award, Arbitrator Jesin addressed the issue of whether and when employees who are required to isolate because of possible exposure to COVID-19, are entitled to sick pay...
    CanadaEmployment and HR
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Are You Ready? Navigating Medical And Recreational Cannabis In The Workplace

    As an employer, it's important to prepare yourself for the legalization of cannabis. Understand the implications of cannabis use in your workplace and understand ...
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    Assaulted By Stranger, Bus Driver Wins WSIB Benefits: He Did Not "Participate In A Fight"

    The Ontario Workplace Safety and Insurance Appeals Tribunal has awarded workers’ compensation benefits to a bus driver who was assaulted by a stranger in a parking lot on a paid break.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Between A Rock And A Hard Place: Employer Faces Competing Statutory Obligations

    How does an employer balance its obligation to maintain a safe workplace for employees with its duty to accommodate an employee with serious mental health issues?
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Can Employers Be Fined Under Safety Laws For Injuries To A Non-Employee?

    Can an employer be convicted and fined under the Occupational Health and Safety Act for an accident that resulted in the death of a non-employee?
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Can Teachers Be Required To Teach Simultaneously Online And In Person?

    In a recent decision – Centre de services scolaire du Lac-Témiscamingue et Syndicat de l'enseignement de l'Ungava et de l'Abitibi-Témiscamingue, 2020 QCTA 641, an arbitrator was called upon to determine if a school board's requirement ...
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canada Removes All COVID-19 Entry Restrictions For All Travelers Regardless Of Citizenship Effective October 1, 2022

    On September 26, 2022, the Public Health Agency of Canada (PHAC) announced that effective October 1, 2022, Canada's COVID-19 entry restrictions will be removed for all travellers...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canadian Employers Hit With Record Setting Occupational Health and Safety Fines

    With the introduction of the Bill C-45 amendments to the Criminal Code, occupational health and safety regulation, prosecution and conviction have been on the rise across Canada. Recently, Vale Canada Limited and Metron Construction were given record fines in occupational health and safety and criminal negligence convictions, respectively.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Canadian Federal Government Increases Minimum Work Age And Minimum Wage For Federally Regulated Employees

    This month, the federal government made two announcements that are relevant to federally regulated, private-sector employers regarding the minimum age for employment and the minimum wage.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canadian Mining Companies: Is There Liability In Canadian Courts For Activity In Foreign Countries?

    <p>The increasing scrutiny and potential liability of Canadian multinationals has received further media attention as a result of a decision issued on July 22, 2013 by the Ontario Superior Court of Justice. In her reasons in <em>Choc v Hudbay Minerals Inc., </em>2013 ONSC 1414, Madame Justice Carole J. Brown dismissed a preliminary motion which sought to strike claims against Hudbay Minerals Inc. ("Hudbay") and its subsidiaries. </p> <p>The decision involved three related actions against Hudb
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
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